Helping Parents Through the Relocation Process
Are you considering moving out of Arizona and wondering whether you will be allowed to take your children with you? Is your child's other parent planning to move with your children, making it virtually impossible for you to maintain a relationship with your child?
The Law
Pursuant to Arizona law, a non-custodial parent or a parent who is not granted custody of the child is entitled to reasonable parenting time to ensure that the child had frequent and continuing contact with the non-custodial parent. Relocation disrupts this contact, as the decision to remove a child from the state will affect the other parent's visitation rights. As such, moving out of State with children presents a difficult problem and the moving parent must establish that the move is in the best interests of the child.
In determining the child's best interests, the court must first consider the factors prescribed under A.R.S §25-403:
- The wishes of the parent or the parents as to custody,
- The wishes of the child as to the custodian,
- The interaction and relationship between the child and the child's parent or parent's the child's siblings and any other person who may significantly affect the child's best interest,
- The child's adjustment to home, school and community,
- The mental and physical health of all individuals involved,
- Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent,
- Whether one parent, both parents or neither parent has provided primary care for the child,
- The nature and extent of coercion or duress used by a parent in obtaining an agreement re custody,
- Whether a parent has complied with chapter 3, article 5 of this title,
- Whether either parent was convicted of an act of false reporting of child abuse or neglect under §13-2907.02.
In addition, Arizona courts must also consider the factors in A.R.S. §25-408(I):
- Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child,
- The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child,
- The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders,
- Whether the relocation will allow a realistic opportunity for parenting time with each parent,
- The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.
- The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.
- The potential effect of relocation on the child's stability.
Notification Requirements
When both parents are entitled to custody or parenting time and both parents reside in the state of Arizona, at least sixty (60) days advance written notice shall be provided to the non moving parent before the moving parent relocates the child outside of Arizona or relocates the child more than one hundred 100 miles within Arizona unless a provision for relocation exists in the parties' parenting plan or by court order which specifically permits or prohibits the child's relocation. The required written notice must be made by certified mail, return receipt requested. A parent that does not comply with notification requirement can be subject to sanctions pursuant to A.R.S. §25-408.
Within 30 days of receiving the notice, the non-moving parent may request a hearing to prevent the relocation. A parent with sole custody or joint custody and primary physical custody may be allowed to relocate pending a hearing if health, safety or employment demand it. A parent who shares joint custody and substantially equal physical custody may only relocate pending a hearing if both parents execute a written agreement to permit the relocation of the child. Other factors may apply.
Quickly Hiring An Attorney to Prevent or Request a Relocation
If you desire to relocate with your children, or if the other party desires to relocate with your children, this is probably one of the most important times for you to consult with an attorney. If you relocate with the children without the other party's permission or a Court order, you may seriously affect your case if the matter proceeds to court. Courts may even grant the other party custody of the children on a temporary basis while a case is pending.
On the other hand, if the other party is planning to relocate with the children, and you oppose the move, you should immediately file an action in the court to prevent the relocation. It is common for the courts to preclude a party from relocating with the children if the move has not taken place yet, as opposed to requiring a party who already moved with the children to move back if an action was not timely filed to prevent such move.
Contact Me Immediately!
In Arizona courts, your rights must asserted immediately if you want to relocate with the children, you have received notice that the other party is seeking to relocate, or the other party has already relocated. I have extensive experience helping parents argue against and for relocating their children. In the many relocation cases I have argued, I have been successful in ALL but one. I take a personal interest in these types of cases because of the stakes involved. To learn more about how I can immediately help you. Contact me today.
